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	NOTICE OF THE STATE COUNCIL ON RELEVANT ISSUES CONCERNING USING PART OF THE LAND TRANSFER FEES FOR THE DEVELOPMENT OF CULTIVATED LAND

	(No. 8 [2004] of the State Council March 22, 2004)


SUBJECT : ALLOCATION OF INCOME; LAND TRANSFER INCOME; DEVELOPMENT OF CULTIVATION LAND;
ISSUING DEPARTMENT : THE STATE COUNCIL OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 03/22/2004
IMPLEMENT DATE : 03/22/2004
LENGTH : 631 words
TEXT :

According to the provisions of the Law of the People's Republic of China on Urban Real Estate Administration and the Land Administration Law of the People's Republic of China on the use of the transfer fees for land use right and the turning-in and use of the land transfer fees, the State Council decides to use part of the land transfer fees for the development of cultivated land from the year 2004, for the purpose of earnestly protecting the cultivated land, strengthening the comprehensive ability construction of the production of grains, controlling the blind expansion of cities, and promoting the coordinated development of cities and villages. And we hereby make the following notice on the relevant issues in this regard:

1. USING THE LAND TRANSFER FEES FOR THE DEVELOPMENT OF CULTIVATED LAND

According to the principle of "taking from land, using for land", part of the land transfer fees shall be used specially for land arrangement and reclamation, development of unused land that is suitable for agriculture, construction of basic farmland and land development for improvement of conditions of agricultural production.

2. THE PROPORTION OF THE LAND TRANSFER FEES USED FOR THE DEVELOPMENT OF CULTIVATED LAND

The proportion of the land transfer fees used for the development of cultivated land shall be determined by the people's governments of all provinces, autonomous regions, municipalities directly under the Central Governments, and cities directly under state planning according to their different circumstances, and on the basis of no less than 15% of the average net income from land transfer by each city or county. The specific standards of the average net income from land transfer shall be determined by the Ministry of Finance and the Ministry of Land and Resources.

3. THE ADMINISTRATION OF LAND TRANSFER FEES USED FOR THE DEVELOPMENT OF CULTIVATED LAND

The land transfer fees used for the development of cultivated land shall be brought into the finance budget for management as special funds. The provinces (autonomous regions, and municipalities directly under the Central Government) and cities directly under state planning, cities (prefectures, autonomous prefectures, leagues), or counties (towns or banners) shall establish special accounts in the existing accounts separately, and make business accounting in different accounts. The land transfer fees used for the development of cultivated land shall be kept in cities or counties as a special fund for special use. All the localities may, according to the different circumstances, pool no more than 30% of the funds to the provinces, autonomous regions, municipalities directly under the Central Governments, and cities directly under state planning to use. The concrete measures for using and managing the funds shall be formulated by the Ministry of Finance together with the Ministry of Land and Resources.

4. THE SUPERVISION OVER THE LAND TRANSFER FEES USED FOR THE DEVELOPMENT OF CULTIVATED LAND

The people's governments of all provinces, autonomous regions, municipalities directly under the Central Government, and cities directly under state planning shall strengthen supervision over the collection of land transfer fees used for the development of cultivated land, so as to ensure that the funds in the special accounts of land transfer fees be allocated fully to the special accounts of funds for the development of cultivated land. In case any fund in the special accounts is embezzled for any other purposes, the people's governments at the provincial level shall be responsible for recovering it, and prosecute for the liabilities of the relevant personnel. The Ministry of Finance and the Ministry of Land and Resources shall, together with the Ministry of Supervision, the National Audit Office, and other departments, strengthen supervision over and inspection on the collection, use and management of the land transfer fees used for the development of cultivated land, and take measures in time to correct the issues they find out.